PART III. 
OTHER PROVISIONS



 



§323F-31  Maintenance of services.  (a) 
No planned substantial reduction or elimination of direct patient care services
at any facility shall be undertaken unless all of the following requirements
are met:



(1)  An initial determination is made by the regional
chief executive officer as to critical and emergency services which shall not
be subject to reduction or elimination pursuant to this section;



(2)  The plan of the facility to substantially reduce
or eliminate any direct patient care services at the health facility shall
first be presented to the regional system board for its approval;



(3)  Subsequent to the requisite regional system board
approval, the regional chief executive officer shall present the plan to the
community in which the facility is located, at a community informational
meeting, in order to obtain community input on the plan; and



(4)  Provided that if the regional system board
approves the plan, the plan as approved by the regional system board shall be
submitted to the corporation board for ratification.



(b)  After the community informational meeting, but
at least twenty days prior to the implementation of the plan approved by the
regional system board, the regional system board shall give notice of implementation
of the plan to the governor, senate president, and the speaker of the house of
representatives.



(c)  The decision of the regional system board
shall be the final decision with respect to the plan.  Implementation of the
plan shall commence and continue, provided that no legislation is enacted that:



(1)  Requires the reinstatement and continuation of
the direct patient care services that are subject to reduction or elimination
under the plan; and



(2)  Includes an appropriation of additional moneys sufficient
to adequately fund the mandated reinstatement and continuation of the subject
direct patient care services. [L 1996, c 262, pt of §2; am L 2007, c 290, §34;
am L 2009, c 182, §2]